Smith and Hinchinbrook Shire Council

Application number:
2001 L0015
Decision date:
Wednesday, May 16, 2001

Smith and Hinchinbrook Shire Council
(2001 L0015, 16 May 2001) 

This was an application under s.73(1)(d) of the FOI Act for the grant of an extension of time in which to lodge an application for external review. 

Applying the principles stated in Young and Workers' Compensation Board of Qld (1994) 1 QAR 543, the Deputy Information Commissioner found that the extent of the delay in applying for external review (approximately 33 days) should not be accorded any substantial or decisive weight in telling against a favourable exercise of the discretion (particularly since the Council had omitted to notify the applicant of the relevant 60 day time limit); neither the Council nor any third parties would be caused any prejudice by an extension of time being granted; and the applicant had shown that he had a reasonably arguable case with reasonable prospects of success. 

The merits of the substantive application for review were such that the Deputy Information Commissioner decided to exercise the discretion conferred by s.73(1)(d) of the FOI Act in favour of the applicant.